Real Property Lease Defaults, Terminations and Recoveries

Rose Law Group has a dedicated group of lawyers who are devoted to serving the lease enforcement needs of commercial landlords. A specific strategy is developed for each lease default commensurate with the profile of the tenant, the guarantors (if any) and the square footage involved. Sometimes the lease will be terminated and sometimes the lease will be kept in force and effect without terminating the lease but with each subsequently accruing monthly rental installment being added to the amount of the judgment,

Besides litigation involving tenant breaches of leases and non-payment issues, critical disputes regarding CAM charges and prorations of CAM charges based on square footage are within the scope of the firm’s representation of landlord interests as well as issues related to alterations of the premises, failures to maintain and repair and failures to restore the premises at lease end.

Lease assignments which impact adversely upon use restrictions and  issues relating to co-tenancy clauses are also within the scope of the firm’s services to the commercial landlord community.

Tenant bankruptcy reorganizations require that commercial landlords be proactive to protect their rights. This includes motions to compel payment of post-petition administrative rent, motions to compel the debtors to accept or reject the executory lease contracts and negotiating protective terms when debtor tenants are  seeking to sell their leaseholds pursuant to Section 363 of the Bankruptcy Code. Proofs of claims for damages  based upon the rejection of long term leases pursuant to the formula set forth in Section 502(b)(6) of the Bankruptcy Code.

Suits and post-judgment collection efforts against lease guarantors are also within the range of services the firm offers to commercial landlords.

Attorneys of the Rose Law Group team possess numerous credentials attesting to their expertise and specialization in real property lease enforcement litigation and claims. These credentials include, but are not limited to, Certified Business Bankruptcy Specialist, American Board of Certification; Certified Creditors’ Rights Specialist, American Board of Certification; and Certified Bankruptcy Specialist, State Bar of Arizona Board of Legal Specialization.

On Our Team

In The News

Shady Park Tempe pauses operations amid changes prompted by noise complaints; issue needed to be nipped in the bud, says Rose Law Group Sr. Project Manager Jennifer Hall

By Lynn Trimble | Phoenix New Times Shady Park Tempe is temporarily ceasing operations, according to a statement posted on its Facebook page on Wednesday, July 7. It’s the latest development in an ongoing controversy involving noise complaints made by residents living in a new residential tower that caters to senior citizens. “We are pausing operations to construct a step-pyramid over parts of the park to help contain

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Watch Nick Labadie, Rose Law Group Sr. Planner, on YouTube answering zoning questions on glamping and tiny homes

  The channel: “Keep It Tiny – Business of Glamping and Tiny Homes.” Featuring: An interview with Senior Planner/Project Manager Nick Labadie who has years of zoning experience at Rose Law Group. “What if glamping is not allowed on the land I already own?” That question kicks off today’s interview, and Nick shares his insight on other topics including: • Be creative & flexible with

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A PBJ Special Report: Rose Law Group Founder and President Jordan Rose among 20 Valley names to know in residential real estate

(Disclosure: Rose Law Group represents Christopher Todd Communities, Empire Group, Fulton Homes, Lennar, Taylor Morrison, and Sunbelt Holdings.) By Angela Gonzales | Phoenix Business Journal Jordan Rose Founder Rose Law Group PC After starting Rose Law Group in 2000 — originally leasing space in another lawyer’s storage room — Jordan Rose has grown the Scottsdale-based firm to the largest woman-owned law

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